desi3933
09-18 11:59 AM
Thanks Bud. Appreciate it. You still are missing the point. Please read all before commenting.
Good Luck to you GCStatus.
What is HFM?
Good Luck to you GCStatus.
What is HFM?
wallpaper 2008 Nissan Rogue interior
cs.0
08-10 11:21 AM
Hi,
My company is located in CA state. Currenlty i am working in Client place i.e in Oregon state.
My labor and I140 got approved in my old residence CA address.Now i applied I485 for me and my wife by showing Oregon state address thorugh my same employer which is located in CA state.
Pls clarify, wheather this new address will make any impact on my I485 process(approval).Becoz some ppl in forums are mentioning that, if we don't have LCA for new state then I485 maybe denied becoz of "out of status".
pls help in this regard.:)
thanks,
chethan
My company is located in CA state. Currenlty i am working in Client place i.e in Oregon state.
My labor and I140 got approved in my old residence CA address.Now i applied I485 for me and my wife by showing Oregon state address thorugh my same employer which is located in CA state.
Pls clarify, wheather this new address will make any impact on my I485 process(approval).Becoz some ppl in forums are mentioning that, if we don't have LCA for new state then I485 maybe denied becoz of "out of status".
pls help in this regard.:)
thanks,
chethan
rxk2303
08-09 05:18 PM
You're in a tricky situation. If you leave the country now you could possibly face a 3 year ban on entry. If your H1 NOA did not contain a I-94 then you're possibly on unlawful stay. You could however file for a waiver with an explanation, but it is at the consulates discretion. I would find an Immigration lawyer and consult with him/her.
Deecha,
What is this waiver with an explanation? Can i do it while staying in USA? Or is it advisible for me to get out of the country before september 2007, so that even if there is a re-entry issue, it is only for 3 years?
Thanks and Regards,
rxk2303
Deecha,
What is this waiver with an explanation? Can i do it while staying in USA? Or is it advisible for me to get out of the country before september 2007, so that even if there is a re-entry issue, it is only for 3 years?
Thanks and Regards,
rxk2303
2011 Pearl 2008 Nissan Rogue SL
pritesh80
05-17 01:31 PM
Does one need to be on an F1 (students) visa to get an assistantship?? Can one work only on university campus while doing their assistantship?? If not where is one eligible to work on assistantship & what type of jobs are available?? My wife is planning to do her CPA on an H4 visa, can she work on assistantship while pursuing it??�Please respond.
I am sorry...I do not have too much info abt the H4 visas...Actually I am not sure whether she can do an assistantship on H4 only because it is not a visa on which you can get paid any compensation for work...Isnt the institute where she is doing her CPA sponsoring her F1??
I am sorry...I do not have too much info abt the H4 visas...Actually I am not sure whether she can do an assistantship on H4 only because it is not a visa on which you can get paid any compensation for work...Isnt the institute where she is doing her CPA sponsoring her F1??
more...
malibuguy007
11-30 11:58 PM
I have made one time contributions twice before, but this time in the spirit of holidays I have signed up for $50 monthly contribution.
rajuseattle
04-14 09:02 PM
snathan,
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
more...
deecha
08-09 08:45 AM
Any help in finding a lawyer who is an experienced hand to represent an Out of Status case would be of great help. Please and it is very urgent too. Thanks in advance folks.
Are you based in Michigan ? If so, please PM me.
Are you based in Michigan ? If so, please PM me.
2010 2008 Nissan Rogue vs.
jsb
08-12 03:33 PM
...
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
more...
Jim77
08-13 09:47 PM
Hi Guys.. need someone to answer my question, if possible. Thanks in advance.
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
hair 2008 Nissan Rogue Interior
mjdup
12-18 09:06 PM
Good job folks, there's still 2 hours in ET and 5 hours in PT for the day to end and I'm hopeful of reaching the magic number of 46 members contributing by end of tonight, if you are on the border and unsure about contributing...please read on...otherwise click on the "contribute now" button ..
I attended the "conference in Boston" earlier this month to which three core members had flown in and had the first hand opportunity to discuss with them. The dedication and resolve they showed approaching key people in lawmakers office was just so inspirational. Specifically, the way Aman was talking to individual IV members without taking anything for granted. None of it was for individual cause but for the entire team which means "you". So the best we could do is help the group financially and provide the means to approach for more stronger lobbying efforts. Let's be real, at the end of the day, money talks in the senate ! and we all can contribute little by little and provide the backbone for us and incoming generations..so let's do it folks, please step up...all required is $20 per member...
OK, I'll shut up now...
I attended the "conference in Boston" earlier this month to which three core members had flown in and had the first hand opportunity to discuss with them. The dedication and resolve they showed approaching key people in lawmakers office was just so inspirational. Specifically, the way Aman was talking to individual IV members without taking anything for granted. None of it was for individual cause but for the entire team which means "you". So the best we could do is help the group financially and provide the means to approach for more stronger lobbying efforts. Let's be real, at the end of the day, money talks in the senate ! and we all can contribute little by little and provide the backbone for us and incoming generations..so let's do it folks, please step up...all required is $20 per member...
OK, I'll shut up now...
more...
mjdup
12-18 05:03 PM
I was discussing with another member about contribution.
We have around 7K + members and there are more joining so if we all go on a contribution of $20/member marathon with the target date as Jan 2, imagine the financial support core team would have to approach QGA for lobbying efforts. Congress's decision in Januray or February seems to be our best shot for relief with all problems.
So, let's do it, its just $20 before Jan.2 ! Please contribute,
thanks,
paskal> can you please change the thread title to "contribute just $20" or something catchy :)
We have around 7K + members and there are more joining so if we all go on a contribution of $20/member marathon with the target date as Jan 2, imagine the financial support core team would have to approach QGA for lobbying efforts. Congress's decision in Januray or February seems to be our best shot for relief with all problems.
So, let's do it, its just $20 before Jan.2 ! Please contribute,
thanks,
paskal> can you please change the thread title to "contribute just $20" or something catchy :)
hot 2008 Nissan Rogue Interior
realizeit
02-25 01:50 AM
�A journey of a thousand miles begins with a small step.�
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
~ Lao Tzu (570-490 BC), Famous Inspirational quote by the Chinese Founder of Taoism.
Recently all of us in the IV community were thinking and worrying about what the future holds for skilled immigrants in this country. Day by day things are getting tougher! All of us in IV community (including the leadership) have different ideas about how to approach the problem. Under the IV leadership, we have a set of declared priorities and our lobbyists and community are working for those. Even when we work for those stated goals and priorities, we have to reevaluate what is feasible in the changing environment.
In this increased protectionist environment, Re-Capture, Country Cap Elimination and Immigrant Visa increase seems difficult if not impossible. So, I would like to propose a SMALL STEP, which would provide us HUGE BENEFITS and at the same time satisfy all stakeholders (including anti-immigrant community) as this is the least controversial method.
Some of us may say that this won�t work. Some of us support a big-bang theory. Some others argue for the already stated goals and priorities from the IV leadership team. I agree with all these groups of our brethren, but at the same time, I urge each and every member of our community to give a serious consideration of this proposal before shooting it down.
Please do not use this thread to point fingers at one another. Always remember, when you point fingers at someone, three of your fingers are pointing towards you and one stays neutral. Please try to avoid statements like the following in your reply to this post to encourage serious and productive discussion:
�Why didn�t you update your profile with all information?�
�What have you done so far for the community?�
�Did you participate in these so and so initiatives of IV?�
�You are a line cutter who used substitution�
Etc etc etc�the list goes on.
We have far more things that unite all of us than the few things that divide us. So, let us focus only those things that unite all of us. If we are united, we can easily solve all our differences. As AR Rahman said, always we have the option of choosing love over hate.
PROPOSAL
Our main concern with respect to GC journey is the UNCERTAINITY! I am sure all of us worried at least one time �What happens if my 485 gets denied after all these years of waiting?� Many of us here are expecting a GC wait time of 2-12 years. So, a denial at the end would be little bit disheartening.
The normal processing time of a 485 application ranges from 4 months to 12 months. For all the retrogressed countries, this would be 2-12 years. All of us, who are in the Adjustment of Status category, are legally allowed to stay and work here in the US. So, in no way we are additional burden to the country. So, all the shackles on the GC applicant and family during the years of retrogression period are not beneficial to anyone in this country and it is not protecting anyone�s job. These shackles just inflict pain to the GC applicant and family � that's all - nobody is benefitting from this!
So, if we can work to obtain Adjudication of all I-485s irrespective of whether the country is retrogressed or not � we have a solution. As per the INS rules, an immigrant VISA cannot be allocated outside the numerical limit. If the country is not under retrogression, the applicant will get his GC. If the applicant�s country is a retrogressed one, instead of obtaining the Green Card, I-485 processing-status could be changed to a new one such as �Adjudicated � Pending Visa Allocation� (meaning: Adjudication completed, Visa allocation pending). So, in essence, when the VISA numbers are available, then only the person will get Green Card. But at the same time, the applicant and family can feel the relief � No need to worry about RFE, NOID, MTR etc, because the 485 is already approved and it is in a Pending Visa Allocation status. So, in the case of all these retrogressed countries, the actual allocation of Green Card may take 2-12 years time depending on the availability. This option will go well with the protectionists.
If the status of the 485 application is �Adjudicated � Pending Visa Allocation� and the applicant�s country is a retrogressed one, S/he should be eligible to obtain 3, 4 or 5 year EADs with travel benefits associated. Also, the applicant should be able to take any job after 1 year of the status change date of the status �Adjudicated � Pending Visa Allocation�.
I believe the above proposal is a small step in the eyes of the protectionists where as it is a big leap for all retrogressed country applicants. We may be able to achieve this using administrative fix or an action from the Executing branch, as this won�t change the annual GC quota of 140000. Apart from this, this will encourage all those skilled immigrants to invest in American economy within 1-2 years of filing AOS application. At present most of us are sending our money to our home countries as our situation is so uncertain. This effort will definitely help the ailing economy and will serve as a boost to the housing market.
Whom should we approach to get this done?
Ans: Hillary � Yes Hillary Clinton. She is the number 1 friend of people from China and India, who is in the current administration. Her department is also in charge of the 140K Visa numbers, Travel related visas etc. If we can get support from Compete America, prominent members of Indian and Chinese communities in US, Ambassadors of China and India to US and approach Hillary, we will be successful. Hillary may be very much pleased to start an initiative to achieve this, as she has a chance to influence 700K+ Indians and Chinese immigrants in US, in a very positive way. At the same time, politically this won�t create much problem � Status quo will remain the same � even after such an administrative fix. There is no net addition of immigrants to this country.
With Hillary�s support, if we approach Janet Napolitano, we may have a solution.
Remember: �A journey of a thousand miles begins with a small step.�
So, once we obtain this admin fix (first step), then we will work to obtain the Allocation of GC issue for all those folks who are waiting to get the GC allocated.
Every progress starts from a dream. So, if someone would like to call this a dream, please feel free to!
more...
house 2008 Nissan Rogue Photo
number30
04-12 06:27 PM
I believe as per the current rules CIS routinely assigns the PD of the substitute labor as the PD of the replacement worker.
What Rajiv Khanna says is very fair, but unfortunately CIS is not run by Khanna. In any case, can you please post the link to the aforementioned blog.
This can be best issue to sue USCIS. Good People will get benefit from this
What Rajiv Khanna says is very fair, but unfortunately CIS is not run by Khanna. In any case, can you please post the link to the aforementioned blog.
This can be best issue to sue USCIS. Good People will get benefit from this
tattoo Rogue#39;s interior, like its
SunnySurya
08-21 04:27 PM
R u sure about this? Where did u hear this from?
[B]The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
[B]The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
more...
pictures 2008 Nissan Rogue Interior
missourian
07-17 10:08 PM
You guys done a great work, Special thanks to core IV
dresses images 2008 Nissan Rogue
rajuseattle
04-11 07:02 PM
USCIS do have some checks and balances for the subst labor cases, so its not a staright approvals for the lab subst cases. their might be a possibility few lucky ones get off the hook, but overall USCIS can weed out the dubious/fraudulent employer petitions.
Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.
Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.
Sub labor is not the only reason guys, its just the country cap which is limiting india EB-3 and EB-2. Most of the H1Bs like us coming to us ends up applying for GC, now look at the number of H1Bs coming each year from india and the total number of GCs available for india. Their is a huge gap in these numbers, so unless they remove the country cap or recaptured unused VISA numbers from the past years, we dont see any relief.
Please donate to IV and help lobbying for the admin fixes or the laws which going to help us in the long run.
more...
makeup 2008 Nissan Rogue Photo
kkarun
03-09 05:31 PM
as promised.
Subscription Payment Sent (Unique Transaction ID #1UD67581BD964672L)
In reference to: S-1E887321YX0160352
Subscription Payment Sent (Unique Transaction ID #1UD67581BD964672L)
In reference to: S-1E887321YX0160352
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santb1975
12-03 12:04 PM
for the Ominus Bill Lobbying efforts
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newuser
02-26 02:51 PM
I don't think you have waited for 6 years after your PD to be able to file for EAD/AOS Benefits... the whole thing is messed up... There are people who filed during July Bulletin Fiasco and there are who could not even though their PDs are before yours. So do you ask them to SHUT UP ?
Didn't you read what was said by realizeit in his intital post?
�A journey of a thousand miles begins with a small step.�
All I said was not to mix all the issues into one and sell it. We all know what happened with CIR.
Didn't you read what was said by realizeit in his intital post?
�A journey of a thousand miles begins with a small step.�
All I said was not to mix all the issues into one and sell it. We all know what happened with CIR.
krishnam70
08-17 05:38 AM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
msp1976
12-20 08:50 PM
I contributed $100 today...
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